The lawsuit was filed by the NYC Citizens Lobbying Against Smoker Harassment on Tuesday. Itargues that a measure expanding the Smoke-Free Air Act to include e-cigarettes, signed into law by departing Mayor Michael Bloomberg late last year as one of his last acts in office, violates a "one-subject" rule requiring legislation to deal with only one topic.

In a statement, CLASH said the stated purpose of the law was to protect the public from exposure to second-hand smoke, but that vapor-based e-cigarettes do not present this danger.

"Bloomberg's Health Commissioner Thomas Farley's own testimony during hearings affirmed that there is no scientific evidence whatsoever that concludes that the vapor in e-cigs is harmful to bystanders, demonstrating it is in direct conflict with the purpose of the SFAA," e-cigaratte advocate Russell Wishtartsaid.

The suit was filed in New York County Supreme Court. Aspokesperson for the city Law Department said they would review thecomplaint when it is served.